Docket: Employment Discrimination

Case Result: The last of the 23 class actions comprising the Television Writers Age Discrimination Litigation has settled. Without admitting liability, the 51 defendants agreed to pay a combined total of $75 million making it the largest in the history of age discrimination litigation.

Case Result: Court held that it did not need to rule on whether ageist comments of plaintiff's supervisor were direct evidence of discrimination because the remarks were nevertheless sufficient indirect (circumstantial) evidence of discrimination to create a genuine issue of material fact regarding the defendant's discriminatory intent.

Case Result: The 11th Amendment sovereign immunity bars suits against states under the Family and Medical Leave Act for damages from discrimination in the form of denial of personal medical leave and/or retaliation for taking such leave.

Case Name:Daniak v. Northeast Medical Group

Court: Superior Court J.D. of New Haven Docket: NNH-CV-14-6047134-5

Case Issue: Is it unlawful age discrimination to ask a qualified, high-performing professional to retire and then terminate him when he declines?

Case Result: Plaintiff who rejected a settlement offer had no personal interest in representing unnamed claimants, nor any other continuing interest that would preserve her suit from mootness and; therefore, her suit was appropriately dismissed.

Case Result: The 11th circuit reversed summary judgment for the employer on the employee's ADEA claim under the "Cat's Paw" theory of liability, but affirmed summary judgment for the employer on the employee's disability discrimination and retaliation claims.

Case Result: Unlike Title VII, the Age Discrimination in Employment Act does not permit mixed-motive claims and, therefore, in order to establish liability under the ADEA, the plaintiff must prove that age was the "but-for" cause of the adverse employment action.

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Find the most recent cases in which AFL has advocated in courts nationwide for the rights of older persons, and filed AARP’s amicus curiae (“friend of the court”) briefs that help courts decide precedent-setting cases.

Strengthening Law and Policy throughLegal Advocacy

Our legal advocacy initiatives - conducted by AARP Foundation Litigation (AFL) - reflect more than 15 years of work in federal and state courts across the country. Through our efforts, we support the Foundation’s four priority areas: Hunger, Income, Housing and Isolation, and ensure that those 50 and older have a voice in the laws and policies that affect their daily lives.